Wednesday, May 11, 2005
Democrats have blocked several of Bush's judicial nominees.
WASHINGTON POST
WASHINGTON -- The Senate's Republican and Democratic leaders called for a prompt showdown in the impasse over judicial nominations Tuesday, a move that would undercut moderates' efforts to find a compromise to the long-running dispute.
Both parties' leaderships are wary of a bipartisan bid by a few centrists to find a middle ground that would force GOP and Democratic leaders to accept options they have called intolerable.
Majority Leader Bill Frist, R-Tenn., has said the ability to filibuster judicial nominees, now or in the future, must end. Minority Leader Harry Reid, D-Nev., meanwhile, has said the right to filibuster must remain intact and President Bush must withdraw three of his most contentious appellate court nominees.
Neither man could claim victory under compromises being promoted by Sen. Ben Nelson, D-Neb., among others. Nelson said that the details of his plan remain fluid, but that it would leave the filibuster rules intact while confirming more of Bush's nominees than Reid has said his party can accept. Nelson said senators would have to pledge to use filibusters only in "extreme or extraordinary cases." But Republicans said Democrats have a history of labeling mainstream conservatives as extremists.
Reid and Frist said they remain open to a possible compromise. But both men rejected elements of Nelson's plan Tuesday and signaled that they want a showdown vote on the filibuster issue -- often called "the nuclear option" -- as early as next week, if not Friday.
Frist, noting that four of the controversial nominations could be called to the Senate floor any time, told reporters that "the suggestion has been made, let's go straight through the executive calendar and deal with them one by one. And I think it's time to do that."
Reid said Democrats "are prepared for a vote on the nuclear option."
Compromise options
Nelson said in an interview that his biggest challenge is to find a compromise "without undermining the leaders in both caucuses."
If a handful of Democrats broke with Reid, Nelson said, they could confirm some or all of the seven appellate court nominees thwarted by filibusters in Bush's first term and still awaiting action. And if three more Republicans join the three who have vowed to oppose Frist's effort to ban filibusters of judicial nominees, the GOP leader would not have the 51 votes he needs to change the rule. But with party leaders and outside interest groups pressuring senators to stick with their caucuses, Nelson said, it may prove impossible to pass his proposal.
If Republicans leave the right to filibuster judges intact, Reid has said, his caucus will let them pick one appellate court nominee for a nonfilibustered confirmation from a group the Democrats have strongly criticized: Janice Rogers Brown of California, William Myers III of Idaho, Priscilla Owen of Texas and William Pryor Jr. of Alabama. Frist rejected the offer again Tuesday, saying this "is a matter of principle, and the principle is this fairness of an up-or-down vote" for all nominees.
Sen. Trent Lott, R-Miss., suggested that exploring compromises may help Frist gain the votes he will need to outlaw judicial filibusters. Moderate GOP senators, Lott told radio talk host Tony Snow, "have to feel assured that every avenue has been explored. ... If every effort has been made and fails, then they will be there" when Frist calls for the showdown vote.